Homelessness legislation - London Borough of Hillingdon

Homelessness
legislation
and how it affects you

Contents
Homelessness legislation and how
it affects you . . . . . . . . . . . . . . . . . . . . . . 1
The information we need to assess
your homeless application . . . . . . . . . . 5
The support we can give you if we turn
down your application . . . . . . . . . . . . . . 8
Homeless applicants your right of
review . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Confidentiality and telling others . . . . . 10
Housing Needs service standards
– our commitment to you . . . . . . . . . . . 18
Homelessness . . . . . . . . . . . . . . . . . . . . 20

Homelessness legislation and
how it affects you
What is homelessness?
Part VII of the Housing Act 1996 (as
amended by the Homelessness Act 2002)
sets out the duties we have towards
homeless people.
This is a guide to how we can help you and
what you are entitled to by law.
Are you homeless?
We may consider you to be homeless if one
of the following applies.
• You have nowhere to live.
• You have been living somewhere, but you
have no legal right to stay there and you
have been asked to leave.
• You have somewhere to live but cannot
gain access to it.
• You have somewhere to live, but
someone else who lives there has been
violent towards you or is likely to be
violent towards you.
• You have been made homeless as a
result of an emergency, such as fire,
flood or some other disaster.
We may also consider you homeless or
threatened with homelessness if you are
likely to become homeless within the next
28 days.
1

This may be because:
• you have been living with friends or
relatives who have told you to leave, or
• your landlord has taken you to court
and the court has ordered that you
must leave
Are you eligible for support?
When assessing each case, by law we must
confirm that people applying for support are
eligible. You may not be eligible for support
if one of the following applies.
• You have entered the UK illegally.
• You are a student or a sponsored
immigrant.
• You are a visitor to the UK.
• You were refused asylum from the Home
Office after 5 February 1996.
• You did not make a claim at the port
you entered the UK and so were
refused asylum.
• You are an asylum seeker but you have
somewhere to stay (even if it is only
temporary).
• You do not normally live in the UK.
Do you have a priority need?
We may consider you to be in priority
need if:
• you are 16 or 17 years old (with
exceptions)
2

• you are 18 to 21 years old and are
leaving care
• you have dependent children aged under
16, or under 19 if they are in full-time
education and live with you
• you, or a member of your household,
are pregnant
• you are at risk of violence
• you have been made homeless as a
result of fire, flood or some other
disaster, or
• you are considered vulnerable in line with
government guidelines on homelessness
Are you intentionally homeless?
After we have considered whether you are
in priority need, we must then look at
whether your homelessness is as a result
of something you have done deliberately
or failed to do.
Examples of these cases may be:
• continually refusing to pay your rent or
mortgage
• voluntarily giving up adequate accommodation
in the UK or abroad, which it
would be reasonable for you to live in,
and
• being evicted due to antisocial behaviour
such as repeated noise, nuisance,
harassment, vandalism and so on
3

Do you have a local connection?
We would also have to check whether any
of the following applies.
• You have lived in the borough for at
least six months in the last 12 months
(with exceptions for people living in
temporary accommodation).
• You have lived in the borough for three
out of the last five years (with exceptions).
• You have permanent employment in
the borough.
• You have a close relative who has lived
in the borough for the last five years.
How we can help
We provide support and advice (24 hours a
day, seven days a week) to people who are
homeless or threatened with homelessness.
We are mainly responsible for dealing with
homelessness applications.
You can visit our reception during these
hours:
Mondays 9.00am to 4.30pm
Tuesdays 9.00am to 4.30pm
Wednesdays 1pm to 4.30pm
(phone lines are open all day)
Thursdays 9.00am to 4.30pm
Fridays 9.00am to 4.30pm
If you apply to us as homeless, we may
provide temporary accommodation such
as hostel, bed-and-breakfast or privatelyrented
accommodation for a short time.
4

The information we need
to assess your homeless
application
This leaflet explains what information you
may need to bring with you if you are
homeless and ask us for help and advice.
The officer who sees you will take details
of your enquiry and may ask you to provide
relevant documents. Please bring with you
the original documents, which we will
photocopy and return to you.
Listed below are the things we may have
to investigate and some suggested
documents that will help us.
Important note
We can deal with your enquiry more quickly
if you are able to provide the documents
we ask for either at the first interview or
within the following five days.
Identification for all people on the
application
• Full birth certificate
• Driving licence
• Passport
• ID card
• Medical card
• Marriage certificate
• Immigration paperwork
5

Proof of homelessness
• Eviction notice (from your landlord)
• Letters from your landlord
• Bailiff's warrant
• A court order (such as a possession
order)
• Summons
• A letter from a friend or relative where
you are staying
Proof of eligibility
• Passport
• Home Office documents
• Travel documents
Proof of priority
• Antenatal card
• Pregnancy certificate
• Correspondence from your doctor or
hospital about a relevant medical
condition
• Children's full birth certificates
• Child Benefit book
• Pension book
• Probation report or discharge letter
from prison
• Paperwork relating to the care or
control of your children
• Letters from college or schools showing
that your children study there full time
6

• Referral or reports from your social
worker
• Reports from the police or support
workers
Proof of where you live
• Official letters (such as from the
Department for Work and Pensions) or
gas, electricity or water bills for where
you have lived in the last five years
• Council Tax letters
• Medical cards
• Tenancy agreements
• Bank statement
• Rent receipts showing addresses and
dates
• Rent book
• Mortgage statements
Proof of employment, income and
savings
• Letter from the Department for Work
and Pensions or benefit books
• Payslips
• Bank or building society statements or
book
• P45
You may contact your case worker direct
about any of the information in this leaflet.
7

The support we can give you if
we turn down your application
If we turn down your application, we do not
have a duty to provide you with temporary
accommodation.
We will still provide you with support and
advice on how you may find a place to live.
If we find that you are intentionally homeless,
we have a limited duty to provide support
and advice. If you are vulnerable, we may
refer you to social services.
If we turn down your application and you
do not agree with our decision, we will tell
you how to ask for a review of our decision.
Homeless applicants your
right of review
What is a right of review?
When we have made a decision about your
homelessness application and you do not
agree with our decision, by law you have
the right to ask us to review our decision.
When can I ask for a review?
You can ask for a review if:
• we have decided that you are not
homeless
• we have decided that you are not in
priority need
8

• we have decided that you are
intentionally homeless
• you are not happy with the way we have
passed on any responsibility we may
have (that is, by referring your case to
another authority), or
• you do not think that the accommodation
we offered you or your family is suitable
How do I ask for a review?
If you want us to review our decision, you
or your representative must tell us within
21 days of receiving our decision.
If you do not tell us within the 21 days, you
must be able to show good reason for not
doing so before we consider your request.
You do not have to give your reasons but it
may help your case if you do.
You should give your reasons in writing.
Your housing officer may be able to help
you write them down.
What happens next?
Once we have received your request for
review, a senior officer will review it. If the
officer needs more information on your
housing application, they may invite you to
a hearing to discuss your case. This is
called an oral hearing.
When the officer has considered all of the
facts of your case, they will make a decision
and tell you in writing within 56 days. If
9

we need more time, we will write to you to
explain this. If after the 56 days we haven't
agreed an extended time with you or have
not made a decision, you have the right to
appeal to the county court.
You also have the right to appeal to the
county court if you have asked for and
received a review decision and you do not
agree with it. You would need to appeal
within 21 days of the date of the letter
that tells you about the review decision.
If you do not do this within the 21 days,
you must be able to show good reason for
not doing so to the county court for them
to consider your request for an appeal.
We would strongly urge you to get legal
advice if you want to ask for a review.
You can get legal advice from:
• local solicitors
• a citizens advice bureau
• Hillingdon Law Centre, and
• Shelter
Confidentiality and telling
others
Why we need information from you
We need to assess whether we have a duty
towards you and members of your
household. To do this, we need to ask you
a number of questions about:
• where you have been living
10

• your immigration status
• your children
• any medical problems you may have, and
• your personal circumstances, such as
income and savings
We will then carry out further enquiries
to confirm what you have told us. We have
to do this by law. We also need to make
sure that we deal with only genuine
applications.
We also need information about any
special needs, so we can take them into
consideration if we offer you any
temporary accommodation.
Will you keep the information
I give confidential?
Yes. Only staff involved in your homeless
and housing register application will have
access to our files or computer records.
Your computer records are also protected
by the Data Protection Act 1998. This sets
out what we can and cannot do with our
computerised records.
However, we will ask you for your permission
to contact people such as doctors, building
societies, banks and other local authorities
so that we are able to confirm the information
you have given us. We will not give these
people your information.
11

Will you give any information to
other housing staff?
Yes, but only information that is needed to
process your application as quickly and as
fairly as possible. An example of this would
be where we need to pass on information
about you, to make sure details on our
housing register are up to date.
Important note
However, we will warn other relevant
officers if:
• you behave threateningly during an
interview (for example, if you are violent,
or make threats or racist or sexist
comments), or
• we think you may be a danger to others
If this happens, we may send you a letter
telling you that we do not accept this
behaviour. We may also set out standards
for your future behaviour.
Do you give information to other
departments?
Yes, but only in specific circumstances.
For example, if you have a social worker,
we may want to speak to them about you.
Or, they may be helping you with your
application so they may contact us.
We may also speak to medical staff who
are involved with you, or anyone else who
is working with you professionally (for
example, the probation service or solicitors).
12

We also have a ‘notification procedure’,
where we send out information about your
household to housing departments, social
services, education departments and
health authorities. This allows them to
plan for any services you may want in the
area where we place you in temporary
accommodation. Your emergency housing
officer will explain this to you.
In certain circumstances we may also
contact other council staff if we suspect
fraud.
What about other organisations
such as the Department for Work
and Pensions or other government
departments?
By law, we have to send details to some
other organisations and departments. For
example, if you are an asylum seeker, we
have to send some details to the Home
Office to confirm your immigration status.
We will always tell you before doing this.
Fraudulent information
We must protect the public money we
handle so we may check the information
you provide against other information we
hold.
We may also pass this information to other
public organisations, or similar outside
agencies, but only for preventing or
detecting fraud.
13

However, you must sign a declaration on
the application form to say that you will
give us correct information, and will not
withhold relevant information or mislead
us in any way.
You must also keep us informed of any
changes in your circumstances.
The declaration says that we may prosecute
you if you provide any false information. If
we prosecute you and you are found
guilty, you could be ordered to pay a fine
of up to £5000 (as set out in section 214
of the Housing Act 1996 – amended by
the Homelessness Act 2000).
Can I see my own files?
Yes, you have a legal right to see them. We
are happy for you to see the file although we
will charge a fee for the administration
costs (currently £10 for each file).
However, we would need to get permission
from the doctors, social workers and so on
before we made this information available
to you.
Will you give out my address?
No. Your address is completely confidential
and we will not give it out without your
permission, unless the law says we have to.
14

Telling others
We have introduced a ‘notification procedure’,
which helps homeless people receive
services from the health authority, education
departments and social services in the
area where we place them in temporary
accommodation. By law, we must also
tell the local housing department.
We deal with a large number of homeless
people who are living in temporary
accommodation. Due to this large number,
we may need to place some people in
different types of temporary accommodation
(for example, when the lease is due to end
on accommodation we are using).
When this happens, we want to make sure
the appropriate services are available to
you as soon as possible. You may not have
the time to contact the new department,
or you may not know who to contact. We
will help you by passing your details to
the appropriate departments each time we
place you in temporary accommodation.
This can be particularly helpful if you are
expecting a baby or have young children.
What is the information used for?
The different departments will use the
information to make sure they have upto-date
records on where you are living.
Some boroughs will send out information
packs with useful information about the
borough you are living in.
15

Education departments will use the information
to make sure the appropriate
education is available for your children (if
you have any).
Social services will be able to keep in touch
with people who have asked for help.
Housing services will use the information
to monitor the number of homeless
people in their area. They will also use
this information to see whether you have
a local connection to the area (for
example, family) or another council.
How will you know if I want
my details to be included in this
procedure?
When the emergency housing officer
interviews you, they will tell you that we
are sending your name and details to the
housing department, health authority,
education department and social services
in any area where you are placed.
If you do not want us to send your details to
the health authority, education department
and social services, you must tell us and
the officer will then record this on our
computer system.
However, by law we must send your details
to the housing department where you are
placed in temporary accommodation.
16

Can I change my mind about who
should receive this information?
Yes. If you want to have your name added
to or removed from any list (other than the
housing department's), you can do this by
contacting your emergency housing officer.
We will then record this new information.
Who has access to this
information?
We give this information only to named
officers in the council.
We will not give this information to any
other people unless you ask us to do so. If
you ask us to give out information, we will
do so. However, you must ask us in writing.
How often do you provide the
information?
We provide the information every two weeks
for all people who have moved or have
been placed in temporary accommodation
during this period.
Where can I find out more about
this procedure?
We are happy to give you more information
on this or on any other procedures we have.
Please ask at the Housing Needs reception
or phone us. Details of when we are open
and our address and phone number are
at the end of this leaflet.
17

Housing Needs service
standards – our commitment
to you
This section sets out our commitment to
delivering excellent customer service to you.
We have developed it after consulting our
customers.
General standards
• We will make our reception and interview
facilities welcoming, safe and private,
and make sure that everyone is able to
use them.
• We will set aside enough time for your
first interview with us so that we can
listen to and understand your personal
circumstances.
• We will make sure that our staff are
professional, understand your needs
and do not judge you.
• We will give you clear information on
the housing processes and options
available to you.
Contacting us
Our opening hours are 9am to 4.30pm
Monday to Friday, except on Wednesdays
when we are closed between 9am and
1pm for staff training (you can still phone
us during those hours).
18

• We will offer you a range of methods for
contacting us, including phone, e-mail,
post and our website.
• We will reply to you within seven calendar
days if you write to us or three working
days if you e-mail us. If your enquiry
needs a detailed investigation, we will
let you know within seven calendar days
what we need to do and tell you when
you can expect a reply.
• We will answer your phone calls within
three rings wherever possible.
• If you have an appointment, we will
interview you in our offices within 15
minutes of when you arrive. If you do not
have an appointment, we will interview
you within 30 minutes. If there is likely
to be a delay, we will tell you how long
you might have to wait and give the
reasons for the delay.
• If you need an interpreter, a lip speaker
or a signer, we will provide one within
three working days. We can also translate
documents within five working days.
However, if your enquiry is urgent and
you do not understand English, we can
provide an immediate interpreting
service over the phone.
• We will provide information about our
services in Braille, in large print, on
audio cassette, on DVD and in a range
of languages (within ten working days
of you asking us).
19

Homelessness
If you are homeless
• We will assess your application and tell
you our decision within 33 working days.
• If we accept your application, we will
make sure you have a named case officer
who will continue to support you.
• We will tell you in writing if we need to
change your case officer.
• We will assess your appeal against our
decision and tell you within 56 days.
If we provide you with temporary
accommodation
Bed-and-breakfast accommodation
We will make sure that the accommodation
meets the following standards.
• The accommodation is clean and safe.
• Breakfast is provided.
• Adequate cooking facilities (including
cutlery and crockery) are provided.
• Repairs are carried out within the agreed
target response times.
We will visit you within one month of moving
into bed-and-breakfast accommodation,
and at least four times a year after that. We
will have a quality promise for people who
live in bed-and-breakfast accommodation.
(See our leaflet Quality promise for people
living in bed-and-breakfast accomodation.)
20

Hostel accommodation
We will make sure that the accommodation
meets the following standards.
• The accommodation is clean and safe.
• Adequate furniture is provided.
• On-site support is available.
• Repairs are carried out within the agreed
target response times.
We will visit you at least four times a year.
Short-life accommodation
Short-life accommodation is homes we own
that we use as part of our temporary
accommodation. We will make sure that
the accommodation meets the following
standards.
• The accommodation is clean and safe.
• Repairs are carried out within the agreed
target response times.
We will visit you at least four times a year.
Private-sector leased accommodation
We will make sure that the
accommodation meets the following
standards.
• The accommodation is clean and safe.
• Repairs are carried out within the agreed
target response times.
• Furniture is provided if you need it.
• Advice and support are provided.
We will visit you every six months.
21

If you apply to join the housing
register
• We will process your application within
14 working days of receiving it.
• We will assess your medical
circumstances within seven working
days of receiving your application.
• We will amend any change of
circumstances (but not a change of
address) to your application within
seven working days of receiving it.
• We will process your appeal against
our decision within 28 working days of
receiving your appeal.
• We will review all applications on the
housing register once a year to make
sure we have the most up-to-date
information.
You may contact us by visiting, phoning,
faxing or e-mailing us as shown on the
front of this leaflet. You can also contact
us by text phone on 01895 556487. All our
information is also available in other
languages, in large print, on audio
cassette and in Braille. Please call our
communications team on 01895 277033
for details.
22

How to contact us
• Housing Needs Reception
Phase 2, Zone 10, Civic Centre, High
Street, Uxbridge, Middlesex UB8 1UW
Phone: 01895 250147, 01895 277779 or
01895 250389
Fax: 01895 556881
Text Phone: 01895 556 487
E-mail: nmailbox@hillingdon.gov.uk
Website: www.hillingdon.gov.uk
Privacy and confidentiality
• We will maintain information in line
with the Data Protection Act 1998.
• We will not pass personal information
to anyone else without your
permission, unless we have to do so by
law.
• You have the right to see information
we hold about you. Certain conditions
apply and we will explain these to you
if you want to know more.
Consultation and feedback
We will learn from your views of our
services by:
• running a range of satisfaction
surveys, and
• analysing complaints
23

Equal opportunities
We have an equal opportunities policy to
provide services regardless of gender, race,
religion, sexual orientation or ability/
disability.
Comments and complaints
We value and welcome any comments (good
or bad) on our service. We will analyse and
learn from them so that we can continue
to make things better for you.
If you would like to make a complaint about
the service we have provided, we will do
the following.
• Ask how you would like us to deal with
the issue.
• Try to solve the complaint with you.
• Record the complaint formally if you
want us to do so.
• Respond in full to your complaint within
ten working days of receiving it. If we
cannot fully solve your complaint within
ten working days, we will write to you to
tell you when you will receive a full
response.
• Give you information about our
complaints procedure.
• Make sure we solve your complaint
and follow it up if necessary.
• Analyse complaints so that we can
learn from them.
24

You can get a separate leaflet about our
complaints procedure in all council offices,
or you can ask us to send you one.
If you praise a member of staff or a team,
we will thank that person or team for you.
25

Produced by the London Borough of Hillingdon. October 2007
ref: 9167